Most Louisiana drivers do the best they can to follow the rules of the road and remain vigilant while driving. After all, no one wants to have an accident, but when accidents do happen, most people are responsible enough to stop. However, that wasn’t the case with a recent hit-and-run car wreck that killed a man on a bicycle.
Louisiana State Police are trying to find the driver of a Mazda 626 that they believe struck the bicycle rider. Authorities say that the wreck occurred when the Mazda collided with the right front corner of the bicycle, knocking the man off. The bicycle rider was not wearing a helmet and was pronounced dead at the scene.
The Mazda was found abandoned in a parking lot not far from the scene of the accident. The State Police Crime Lab is collecting evidence from the vehicle in an attempt to identify its driver. Meanwhile, investigators are piecing together the accident. State Police are asking anyone with information to contact them.
While the authorities do what they can to find the driver of the Mazda that was involved in this fatal car wreck, the bicycle rider’s family is left to deal with both his loss and uncertainty about what happened. When authorities find the driver of the Mazda, that driver will most likely be subject to criminal charges. What those charges will be is unknown at this time. In addition to criminal charges, the victim’s family retains the right to sue for wrongful death against any party whose negligence is deemed to have caused the fatality. Sadly, any attempt to prove the driver was negligent will not change what occurred, but a successful claim may provide the family with some sense of justice and restitution for monetary damages sustained.
Wrongful Death
Louisiana Police Officer Killed in Off-Duty Accident
Everyone in Louisiana knows that being a police officer can be a dangerous job. Every time an officer puts on a uniform and goes to work, he or she takes on a risk of being injured or killed. Most news stories about police officers being killed are when they are on the job. However, off-duty police officers are perhaps just as likely to be the victim of an accident, even a fatal accident, as the rest of the drivers on the road.
An off-duty Rosepine, Louisiana, police officer was killed in a traffic accident earlier this month. The officer was preparing to make a right-hand turn when another vehicle rear-ended him, causing the officer’s car to overturn. The officer wasn’t wearing a seat belt and was thrown from the vehicle. He was taken to Rapides Regional Medical Center in Alexandria, where he later died despite the efforts of medical personnel to save his life. The driver of the vehicle that collided with the officer was also not wearing a seat belt but did not suffer any injuries as a result of the accident.
As part of their initial investigation, Louisiana authorities have cited the driver for following too closely. The accident is still under investigation, and toxicology samples were also taken to determine whether impairment was a factor in the accident. Whether any further citations or charges will be filed remains to be seen.
In the meantime, the family of the officer is left to grieve their loss. At some point, the family may wish to assess whether they want to file a wrongful death action against the driver. Making that determination involves several factors, and the family may gain from seeking advice from a personal injury attorney regarding their decision. Although it is true that nothing can bring back a loved one who has died in a fatal accident, the family may often gain some sense of justice from civil action. There are also financial considerations when a loved one dies, such as medical and funeral expenses, based on proof of negligence by another party in the accident.
Police Find Driver Involved in Fatal Accident in Louisiana
Bicycles are a regular presence on the roadways in Louisiana. When a bicyclist gets on the road, they rely on motorists to pay attention and look for obstacles. However, bicycles are still at a higher risk of being involved in a fatal accident, and the reason that is often cited by drivers is that they just didn’t see the bicyclist.
Authorities were uncertain whether that was the case with one bicyclist who was struck by a car on July 7. The driver hit the cyclist then fled the scene of the accident. The cyclist was taken to Ochsner Hospital in New Orleans, where medical personnel attempted to save his life. However, despite their efforts, the cyclist died as a result of the serious injuries he suffered in the accident.
After an exhaustive investigation, Louisiana authorities were finally able to locate the driver who hit the cyclist. While they were diligently searching for the driver, the family of the cyclist was grieving. Losing a loved one is always difficult, but when they are stripped from a family through a sudden and seemingly senseless tragedy, the pain can be insurmountable. Waiting for word from authorities may have added to their frustration.
Finally knowing that the person said to be responsible for the accident that caused the death of their loved one has been identified by authorities may provide the family with some sense of comfort. Regardless of what happens with any criminal charges the driver may face, the family retains the right to file a wrongful death action against the driver to recoup the financial losses that families inevitably face in these situations. Medical and funeral expenses are just two examples of types of expenses that can be recovered in a successful wrongful death action, based upon proof of negligence by another party.
Car Wreck on Louisiana Highway 378 Leaves 1 Dead
Most people on Louisiana highways strive to be attentive while driving. However, that obviously doesn’t stop accidents from happening. Drivers often become too comfortable with their ability to drive and sometimes their attention is diverted. When drivers are distracted, they are not giving their full attention to the road, and the potential for a car wreck increases.
A Longville man may have been distracted when he pulled onto Louisiana Highway 378 from a stop sign right into the path of a Ford F-350 on July 6. As a result, the Ford slammed into the driver’s side of the Longville man’s Mazda 626. Even though both drivers were wearing their seat belts, the Longville man’s injuries were fatal, and he was pronounced dead at the scene. The driver of the Ford was taken to a local hospital with minor injuries.
Authorities are still investigating what caused the accident and are looking into whether either driver was impaired at the time of the accident. Whether one of the drivers was impaired could give an explanation for this accident and help authorities determine which driver was ultimately responsible. The outcome of the investigation won’t bring back the Longville man, but it may at least give the families affected by this accident some answers.
Both families now have to pick up the pieces this fatal car wreck has left behind. There are expenses such as property damage, medical bills, funeral expenses, and the like that have to be dealt with even while grieving. The uncertainty of the outcome of this investigation only adds to the stress these families may feel. While it is too early to assess whether a wrongful death action based on a claim of negligence is appropriate, the other driver — as well as the family of the deceased victim — may benefit from taking the time to be advised of their rights and responsibilities under Louisiana law.
Louisiana Woman Gets 5 Years for Fatal Car Accident
Most families in Louisiana won’t ever have to know how it feels to wait two and a half years for some sense of closure after the death of a loved one. That’s how long it has taken for one family to see the sentencing of a woman who caused a fatal car wreck in December 2009. In late June, the Point Coupee Parish criminal court sentenced the woman to five years in prison, with two of them suspended, along with two years of felony probation.
The sentence was the result of a plea bargain for vehicular manslaughter charges following an accident that took the life of a 23-year-old woman and seriously injured another individual. The “no contest” plea deal was accepted by the victims’ families. The convicted driver also received a three-year prison term for first-degree negligent injury, to run concurrently with the partially suspended five-year sentence.
It is unknown whether the families of the deceased woman or the other seriously injured victim have filed cival lawsuits as a result of the car wreck. Now that criminal proceedings have concluded, the conviction may be offered as evidence of liability in the civil actions, which have a less stringent burden of proof than in criminal court. Further, a full investigation may indicate other potentially negligent parties, particularly if the convicted woman, who was driving drunk at the time of the crash, was served alcohol at a bar or restaurant beforehand.
Having a loved one taken from you in a car wreck is tragic and many say that the pain never truly goes away. The parties have waited nearly three years for the criminal proceedings to work their way through the Louisiana court system. Now they face the question of whether to pursue claims for monetary damages in the state’s civil court system. In doing so, they would likely seek reimbursement for the damages they have suffered, while also striving to hold negligent parties fully accountable for their actions that caused or contributed to the fatality and injuries suffered.
Lake Charles, Sheriff Settle Wrongful Death Claim in Taser Accident
Almost five years ago, a Lake Charles homeowner discovered a local man on his property. He chased him away and pursued him to the Nelson Pointe apartments. Lake Charles Police and Calcasieu Sheriff’s officers responded to the scene. A scuffle was said to have occurred, and a Lake Charles police officer shot him with a Taser as other law enforcement personnel worked to place handcuffs on the man.
The man collapsed and sadly died on the way to the hospital. In response, his widow and three children filed a wrongful death claim against the city, the sheriff’s office and the homeowner who chased after him in the fatal accident.
The Calcasieu sheriff defended the use of Tasers, arguing that they are necessary to ensure the safety of his officers. However, there was no indication that the victim was armed, nor was there any explanation offered in a news story as to why a Taser was necessary to subdue a man who was already surrounded by law enforcement officers. As the trial date approached, both the city and sheriff’s office elected to settle the wrongful death claim by each paying $125,000. The claim against the homeowner is still set to proceed to trial.
In settling the wrongful death action arising from the fatal accident, at least one Lake Charles city councilman objected, saying he did not believe that bad behavior ought to be rewarded. Nevertheless, the settlement was approved, though with no admission of wrongdoing. Clearly, law enforcement personnel have a difficult job to do, and yet they also must act with a reasonable duty of care. Whether that duty was breached would arguably have been the focal point of any trial, though the settlement avoids that legal determination. For their part, the widow and children may feel they have accomplished their mission to hold negligent parties accountable for wrongful conduct. It will be interesting to see how the trial against the homeowner turns out.